The Clay County Prosecutor's Office presented information in Clay Circuit Court early Wednesday morning about the class D felony charge formally filed against Gary G. Loudermilk, 31. If convicted of a class D felony, the highest charge filed against Loudermilk, is punishable with six-months up to 3 years in prison and potential fines up to $10,000.
Indiana Code 35-49-3-3(2) is the felony charge of Dissemination of Matter Harmful to Minors is the act of displaying "matter that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian."
On Thursday, an anonymous caller(s) contacted the Brazil City Police Department about a man allegedly displaying pornography inside his vehicle in plain sight of visitors at Craig Park.
Upon arrival at the park, officers found an empty vehicle parked on the access road within walking distance of the playground area. Several pornographic magazines were "standing in plain sight" where any passerby, including children, within an alleged 10-12 feet could see the pictures.
As part of the charging information presented in court, the numerous magazines of pornography were described as depicting "photos of nude male genitalia involved in homosexual (sex) activity."
When advised of the potential consequences of the charges, penalties and his legal rights, Loudermilk told the court he understood and entered a not guilty plea with the statement of, "I didn't do anything wrong."
Circuit Court Judge Joseph Trout appointed attorney Geoffrey Creason to act as counsel in the matter, which was tentatively scheduled for July 19.
Bond was set at $7,000 with 10 percent allowed and, if Loudermilk is able to bond out, Trout issued conditions of he obey all laws, appear as ordered for all court proceedings, and sign a "waiver of extradition" immediately upon release from jail. Due to the nature of the allegations, Trout also added the condition that Loudermilk shall not have any access to any public park in any county, municipality or city within Indiana.
According to officials at the Clay County Justice Center, Loudermilk bonded out Wednesday afternoon to await further court proceedings in the matter.